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If I have proof that someone told me they would give me my…

Customer Question

If I have proof that...

If I have proof that someone told me they would give me my money back on a purchase then goes on public sites and to private people and says I called her vaulted names ect. And I also have proof of what she claims do I have a reason to file a case and if so what do I file for?

You could sue her for the money owed you, however, I do not see a claim for anything else (such as defamation of character) unless you can prove you suffered significant damages as a result of what she was saying about you. Defamation of character requires that a defendant intentionally or negligently made a false statement or statements about you (in writing and/or spoken) to a third person or persons, that resulted in damages. However, because a court cannot compensate a person for things like hurt feelings, anger, and outrage, damages such be in a substantive, provable form -e.g., if her comments caused your business to fail and you lost your $500,000 a year income and your home was foreclosed on, then you have significant, recoverable damages.

If you need clarification or additional information, please reply, and I'll be happy to assist you further. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).